Reductions-in-force and restructuring
In addition to the business changes that accompany reductions in force (RIF) and workforce restructuring, employers must address not only legal considerations but also the distinctly human element of displaced workers.
Porter Wright can help establish and implement legally defensible strategies for workforce reductions to reduce the possibility of subsequent legal challenges. We also monitor results for statistical anomalies that might later be used against our clients. We work with human resources personnel and managers to identify and retain their most talented employees so their business can continue to thrive.
In addition, we assist with compliance with the federal Worker Adjustment and Retraining Notification Act (WARN) and state laws by meeting all notification deadlines and obligations. When workers are represented by unions, we help our clients determine which aspects of the restructuring require bargaining with the union and which are left to management discretion. Our attorneys also work to prepare necessary severance agreements, releases and waivers, and to coordinate post-termination benefits such as COBRA, unemployment compensation and career services.
Our services related to reductions in force and restructuring include:
- Workforce and statistical impact analysis
- Forced rankings
- WARN Act notification
- Decision bargaining
- Effects bargaining
- Severance agreements
- Waivers and releases
- Older Workers’ Benefit Protection Act compliance
- Unemployment compensation administration
- Job search and resume building services